Senate Journal 03/03/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

THIRTY-FIFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
March 3, 1997

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor James Sumner, followed by the Pledge of Allegiance led by Senate page Camie Miller.

     Roll Call: All members present except Sen. Benson who was excused.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-fourth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD W. HALVERSON, Chair

Which motion prevailed and the report was adopted.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of David R. Gienapp of Lake County, Madison, South Dakota, to the State Board of Regents.

    The question being "Does the Senate advise and consent to the executive reappointment of David R. Gienapp pursuant to the executive message as found on page 678 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Benson; Flowers

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

HONORED GUESTS

The President introduced Kristen Knudson, Sioux Falls, and Timothy D. Vanderham, Akron, Iowa (Alcester-Hudson High School), South Dakota Girls' and Boys' State Governors. They were escorted to the Chamber by Sens. Hunhoff and Rounds.

COMMUNICATIONS AND PETITIONS

March 3, 1997

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 89, 141, and 204, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
WILLIAM J. JANKLOW
GOVERNOR

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 24, 62, 106, 216, and 269 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 54, 77, 86, 122, 124, 142, 162, 182, 196, 221, and 223 were delivered to his Excellency, the Governor, for his approval at 10:15 a.m., March 3, 1997.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1057 and returns the same with the recommendation that said bill be amended as follows:

t-1057

On the House State Affairs committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 41-6-18.1 be amended to read as follows:

41-6-18.1. It is a Class 2 misdemeanor for a nonresident to hunt, take or kill waterfowl without a special nonresident waterfowl license and a federal migratory bird stamp or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission.

A special nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt waterfowl for ten consecutive days. ~~Four dollars~~ Revenue received from the sale of each nonresident waterfowl license ~~shall be placed in the~~ in excess of four thousand annually shall be placed in the Department of Game, Fish and Parks' land acquisition and development fund. The moneys from this fund shall be used to acquire by purchase or lease ~~real property to be used primarily for game production~~ or to otherwise acquire real property to be used for providing waterfowl hunting public access primarily in counties adjacent to the Missouri River. For each of the first four thousand nonresident waterfowl ~~license~~ licenses sold, an amount equal to the cost of a habitat stamp shall be placed into the game, fish and parks fund and shall be used for the purpose of restoring the state pheasant and wildlife populations as provided in § 41-2-34.1. For each of the first four thousand nonresident waterfowl ~~license~~ licenses sold, an amount equal to the cost of the waterfowl restoration stamp shall be included

with the moneys collected from the sale of resident waterfowl restoration stamps. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.

The provision in this section limiting the validity of a nonresident waterfowl license to ten consecutive days does not apply in Union, Clay, Bon Homme, Yankton , and Charles Mix counties and in such counties, the nonresident waterfowl license shall be valid during the same period as is a resident waterfowl license.

The Game, Fish and Parks Commission ~~may issue no more than four thousand~~ may, by rules promulgated pursuant to chapter 1-26, make available for issuance five thousand nonresident waterfowl licenses in a calendar year 1997 and each year after. Any nonresident licenses in excess of the first four thousand nonresident licenses in any year may only be used from November first through the end of the hunting season. However, the number of licenses to be issued in excess of four thousand annually shall be limited by the amount of money expended annually from the land acquisition and development fund dedicated for acquiring waterfowl hunting public access. Pursuant to the criteria and procedures contained in rules to be promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26, the number of nonresident waterfowl licenses to be issued annually in excess of four thousand shall be in a direct ratio of one license for each nonresident license fee amount that is expended during that calendar year by the department from the land acquisition and development fund to provide waterfowl hunting public access during that calendar year. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this section.

Section 2. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

No person may organize or participate in a guided commercial hunting activity, as defined by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26, on lands owned, leased, controlled, managed, or otherwise acquired by the state for wildlife management, public hunting, or recreation purposes. A violation of this section is a Class 2 misdemeanor. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this section.

Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

t-1057t

On page 1 , line 1 of the House State Affairs committee engrossed bill , delete everything after "to" and insert " provide for additional public waterfowl hunting access through the sale of additional nonresident waterfowl hunting licenses, to regulate certain commercial hunting activities, and to declare an emergency. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1218 and returns the same with the recommendation that said bill be amended as follows:

o-1218

On page 2 of the House Judiciary committee engrossed bill , between lines 12 and 13 , insert:

" An apparent, alleged, or adjudicated child in need of supervision or an apparent, alleged, or adjudicated delinquent child may be held in an adult lockup or jail for up to six hours for purposes of identification, processing, interrogation, transfer to juvenile facility, or release to parents if the child is physically separated from adult prisoners. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1222 and returns the same with the recommendation that said bill be amended as follows:

o-1222

On page 2 , line 8 of the printed bill , delete " to define universal service, " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill be amended as follows:

o-1227m

On page 6 , line 16 of the House State Affairs committee engrossed bill , after " person, " insert " municipal corporation, " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1243 and returns the same with the recommendation that said bill be amended as follows:

f-1243j

On page 3 , line 5 of the House engrossed bill , delete " property of a " .

On page 3 , line 6 , before " telephone " insert " any " .

On page 3 , delete line 7 , and insert " is taxed pursuant to this Act and chapter 10-33. " .

On page 8 , line 11 , after " corporations, " insert " municipal corporations, " .

On page 9 , delete lines 18 to 22 , inclusive .

On page 11 , after line 7 , insert:

" Section 34. After the tax imposed by § 10-33-16 is levied in 1997 for taxes payable in 1998, no additional taxes shall be levied pursuant to § 10-33-16.

     Section 35. That § 10-33-3 be repealed.
     10-33-3. Each company as herein defined, shall keep on file with the county auditor of each county through or into which its line or lines run, a map or blueprints showing correctly the location of its line or lines in such county and in each government subdivision thereof.

     Section 36. That § 10-33-4 be repealed.
     10-33-4. It shall be the duty of the president, secretary, general manager, or superintendent of every telephone company doing business in this state, to furnish to the Department of Revenue on or before April fifteenth, each year, a report under oath, on the forms furnished and according to the instructions issued by the Department of Revenue, with reference to the property owned, leased, or controlled on December thirty-first of the preceding calendar year.

     Section 37. That § 10-33-5 be repealed.
     10-33-5. With reference to property without the limits of municipalities, exclusive of all exchanges or central office equipment, the statement required by § 10-33-4 shall show the following items:

~~(1) The counties of this state in which the company making the report owns or operates any line or lines, arranged in alphabetical order;~~

             (2)      The number of miles of pole lines, whether rural or toll or both and with a detailed description of the construction of such lines, and the cost of construction, together with the present or depreciated value of such line or lines in each county.

     Section 38. That § 10-33-6 be repealed.
     ~~10-33-6. The report required by § 10-33-4 shall give the following items of information concerning any and all exchanges owned or operated by the reporting company:~~

~~(1) The location of all exchanges in each county, with the names of the municipalities in each county and the counties arranged in alphabetical order;~~

~~(2) A description in detail of the construction and equipment of each exchange, with the cost of construction and equipment, and the present or depreciated value;~~

(3) A description of each tract or parcel of real estate and any and all buildings thereon, owned and used exclusively for telephone purposes, with the present cash value of each tract and improvements thereon;

~~(4) The present cash value of any and all franchises or permits under which the reporting company does business in any municipality;~~

             ~~(5)      All other property used exclusively in the operation and maintenance of the telephone business of the reporting company.~~

     Section 39. That § 10-33-7 be repealed.
     ~~10-33-7. The report required by § 10-33-4 shall show the following details concerning the financial organization and operation of the company:~~

~~(1) The amount of capital stock authorized and the amount issued as preferred stock or as common stock, with the present actual cash value of the same;~~

~~(2) All assets and liabilities;~~

             ~~(3)      All receipts and disbursements.~~

     Section 40. That § 10-33-8 be repealed.
     ~~10-33-8. The statement required by § 10-33-4 shall include such other facts and information as the Department of Revenue may require.~~

     Section 41. That § 10-33-9 be repealed.
     10-33-9. In case any telephone company fails to make the report required by § 10-33-4, on or before April fifteenth of each year, the Department of Revenue in its discretion may add twenty-five percent to the assessable value of the property of such company.

     Section 42. That § 10-33-10 be repealed.
     10-33-10. All property, real and personal, which is actually and necessarily used in the operation and maintenance of telephone lines in this state, and which belongs to any telephone company in this state which is not subject to the provisions of § § 10-33-21 and 10-33-22 shall be assessed for the purpose of taxation by the Department of Revenue, and not otherwise.

     Section 43. That § 10-33-11 be repealed.
     10-33-11. The Department of Revenue shall assess the property of all telephone companies on the fifth day of July of each year. In making the assessment, the department shall consider all the reports, facts, information filed, with any other information obtainable, concerning the value of the property of all telephone companies and may add any property omitted from the return of the companies. In making the assessment, which shall be with reference to value and ownership on January first of the year for which the assessment is made, the department shall take into consideration, among other things, the amount of gross earnings and net incomes, and the value to each telephone company of its franchises, rights, and privileges, granted under the laws of this state to do business in this state. In making the assessment the department shall fix a value on all the property of each company which is situated within the limits of any city or incorporated town, and any and all exchanges maintained by the company.

     Section 44. That § 10-33-12 be repealed.
     10-33-12. The Department of Revenue shall also fix the assessed valuation per mile of each class of the pole line or lines of each company in each county in the state, which valuation shall be the average value of each class of lines of the company in such county, without corporate limits.

     Section 45. That § 10-33-14 be repealed.
     10-33-14. For the purpose of aiding the Department of Revenue in making an assessment of the property of telephone companies, it is hereby made the duty of the Public Utilities Commission to collect information and facts concerning the value of property of each telephone company in this state, including the value of the franchises, if any, and to make an estimate of the value thereof, and to make and file with the Department of Revenue, on or before the first day of June of each year, a written and detailed report of such facts, information, and estimate, and for the purpose of securing facts and information such commission is authorized to inspect the books, records, and property of such companies, and employ an expert when deemed necessary, whose compensation shall first be fixed by such public utilities commission. Failure to furnish such report, however, shall in no manner invalidate the assessment or tax.

     Section 46. That § 10-33-14.1 be repealed.
     10-33-14.1. For the purpose of determining the true and full value of the property of any telephone company, the Department of Revenue shall take into consideration the cost approach, the market approach, and the income approach to appraisal. In the market approach, the department shall consider the actual or market value of the shares of stock outstanding, the actual or market value of all bonds outstanding, and all other indebtedness as shall be applicable for operating the company. In the income approach, the department may consider the company's growth rate and the rate of inflation in determining the capitalization rate. The Department of Revenue may take into consideration any other information or data of any kind or nature which the department may deem material in arriving at the true and full value of the property.

     Section 47. That § 10-33-15 be repealed.
     10-33-15. After the assessment is made, the Department of Revenue shall give notice by mail to the officers of each telephone company making return to the Department of Revenue, setting out the assessment and fixing a date at least ten days in advance when the representatives of any telephone company, so desiring, may appear before the secretary of revenue and be heard in all matters relating to the correctness of the assessment of the property of the company. The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning the conduct of the hearings.

     Section 48. That § 10-33-16 be repealed.
     10-33-16. After such date of hearing, and on or before the fourth Monday of August, the Department of Revenue shall finally equalize the assessments and notify each company thereof by mail.
    The Department of Revenue shall certify the value finally determined to the county auditor of each county in which the company assessed owns property.

     Section 49. That § 10-33-18 be repealed.
     ~~10-33-18. The county auditor shall extend the above-mentioned taxes against the assessment certified to him by the department of revenue in a book to be called "the telephone tax book,"~~

~~and shall make and deliver a duplicate of such telephone book to the county treasurer and the county treasurer shall be charged with the collection of such telephone tax.~~

     Section 50. That § 10-33-19 be repealed.
     10-33-19. All laws relating to the enforcement of the payment of delinquent taxes shall be applicable to all taxes levied under the provisions of this chapter. Whenever any taxes levied under the provisions of this chapter shall become delinquent, the county treasurer having control of such delinquent taxes may proceed to collect the same in the same manner and with the same right and power as the sheriff under execution, except that no process shall be necessary to authorize him to sell any property belonging to any telephone company for the collection of such taxes.

     Section 51. That § 10-33-29 be repealed.
     10-33-29. All property of such telephone company, both real and personal, not actually and necessarily used in the operation and maintenance of its lines in this state shall be considered "nonoperating property," and nothing in this chapter shall be so construed as to prevent local assessment and taxation of such "nonoperating property."

Section 52. That § 10-33-26 be amended to read as follows:

10-33-26. The tax imposed by § 10-33-21 ~~shall be~~ and section 3 of this Act is in lieu of all taxes levied by the state, counties, municipalities, townships, school districts, or other political subdivisions of the state on the personal and real property of the company which is used or intended for use in the furnishing and providing telephone and exchange service, rental and toll service, but ~~shall not be~~ is not in lieu of the retail occupational sales and use tax, and this chapter ~~shall in no manner~~ does not exempt such companies from the payment of ~~such~~ the retail occupational sales and use tax.

Section 53. The effective date of sections 35 to 52, inclusive, of this Act, shall be July 1, 1998. "

f-1243t

On page 1 , line 2 of the House engrossed bill , delete " revise certain " and insert " repeal certain taxes levied on property. "

On page 1 , delete line 3 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1191 and 1242 which were deferred to the 41st legislative day.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1273 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HCR 1010 and returns the same with the recommendation that said resolution be concurred in and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1215 and returns the same with the recommendation that said bill be amended as follows:

t-1215c

On the House Local Government committee engrossed bill, delete all previous amendments, thus restoring the bill to its original printed form.

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1246 and returns the same with the recommendation that said bill be amended as follows:

t-1246

On page 8 of the House Local Government committee engrossed bill , after line 5 , insert:

" Section 26. That § 46A-10A-34 be amended to read as follows:

46A-10A-34. A board ~~shall~~ may provide for appointment of its drainage commission to serve as a board of resolution and, under the regulations and controls adopted pursuant to this chapter, ~~shall~~ may provide that the board of resolution in individual cases may make, upon an affirmative vote of three-fourths of the full membership of the board of resolution, special exceptions or variances to any official controls and ~~shall~~ may reach decisions in individual drainage disputes between landowners, consistent with the provisions of § 46A-10A-20. The board may constitute itself as the board of resolution. The board may further provide that specified types or categories of drainage disputes may not be heard by the board of resolution.

A drainage dispute which is not within the jurisdiction of the board of resolution shall be taken directly to the circuit court of the county wherein the conflict exists. "

t-1246b

On page 1 , line 6 of the House Local Government engrossed bill , delete " at " .

On page 1 , line 7 , delete " least ten acres each of " .

On page 2 , line 22 , delete " at least ten acres of " and insert " a tract of " .

On page 5 , line 12 , delete " a landowner of at least ten acres " and insert " an owner " .

On page 6 , line 4 , after " may " insert " , in conformity with any applicable local, state, and federal laws, rules, ordinances, and regulations " .

On page 6 , line 6 , delete everything after " ditch " .

On page 6 , line 7 , delete everything before " ; " .

On page 6 , line 8 , delete everything after " existing drainage ditch " .

On page 6 , line 9 , delete everything before " ; " .

On page 6 , line 10 , delete everything after " ditch " .

On page 6 , line 11 , delete everything before " ; " .

On page 6 , line 12 , delete " and to pay the landowner for damages " and insert " by purchase or condemnation or any other lawful method in conformity with chapter 21-35 and any other provision of state law " .

On page 6 , line 19 , after " 46A-10A-75 " insert " . No member of the board of trustees may have any interest in any contract or employment entered into pursuant to this subdivision or subdivision (8) of this section " .

On page 7 , line 1 , after " received " insert " and subject to approval by a majority of the eligible landowners voting in a special election held by the board of trustees in conjunction with the district's annual election " .

On page 7 , line 20 , delete " judge of the circuit court for the counties in which the district lies " and insert " simple majority of the eligible landowners voting in a special election held by the board of trustees in conjunction with the district's annual election " .

On page 8 , after line 5 , insert:

" Section 27.Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

t-1246t

On page 1 , line 1 of the House Local Government committee engrossed bill , after " districts " insert " and to declare an emergency " .

And that as so amended said bill do pass.

Respectfully submitted,
ALAN AKER, Chair

REPORTS OF SELECT COMMITTEES

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1164 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1164 be amended as follows:

r-1164c

On page 2 , line 16 of the Senate engrossed bill , after " an " insert " adult " .

Respectfully submitted,    Respectfully submitted,
KAY S. JORGENSEN    FRED WHITING
PATRICIA DE HUECK    BOB DRAKE
GARRY A. MOORE    JIM LAWLER
House Committee    Senate Committee

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1102 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that HB 1102 be amended as follows:

f-1102e

On page 2 , line 1 of the Senate engrossed bill , before " licensee " insert " such new " .

On page 2 , line 3 , after " . " insert " For the purposes of this section, a physical barrier includes a wall, fence, rope, railing, or other physical feature erected for the sole purpose of

restricting the free flow of foot traffic and access to a certain area of a premise. Only persons twenty-one years of age or older may sell or dispense alcoholic beverages under a license issued pursuant to subdivision 35-4-2(3). "

On page 2 , line 4 , after " licensee " insert " except any portion licensed under subdivision 35-4-2(17) " .

On page 2 , after line 4 , insert:

" Section 2. A municipality or county may require that all licensees under subdivision 35-4- 2(3) erect a physical barrier as described by this Act or as described by an ordinance that may be more restrictive. "

And that the title be amended as follows:

On page 1 , line 2 , delete " and " and insert " , " .

On page 1 , line 3 , after " licensees " insert " , and to allow municipalities and counties to provide restrictions on off-sale licensees " .

Respectfully submitted,    Respectfully submitted,
REX HAGG    BARBARA EVERIST
KEVIN R. CRISP    JERRY J. SHOENER
CRAIG SCHAUNAMAN    JIM HUTMACHER
House Committee    Senate Committee

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SCR 4 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1089, 1167, and 1177.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 165 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1272 and has appointed Reps. Gabriel, Hagg, and Collier as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The President appointed as such committee Sens. Rounds, Johnson, and Symens.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1150 and has appointed Reps. Wetz, Bill Peterson, and Cerny as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The President appointed as such committee Sens. Aker, Jim Dunn, and Morford-Burg.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1035.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 166 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Shoener moved that the Senate do concur in the House amendments to SB 82.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 82.

     And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Benson

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Thompson moved that the Senate do concur in the House amendments to SB 186.

     The question being on Sen. Thompson's motion that the Senate do concur in the House amendments to SB 186.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Benson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Shoener moved that the Senate do concur in the House amendments to SB 208.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 208.

     And the roll being called:

Excused were:
Benson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Aker moved that the Senate do not concur in House amendments to SB 210 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Sen. Kloucek moved as a substitute motion that the Senate do concur in House amendments to SB 210.

Sen. Halverson moved that Sen. Kloucek's substitute motion be laid on the table.

Sen. Rebecca Dunn requested a roll call vote.

    Which request was supported.

     The question being on Sen. Halverson's motion that Sen. Kloucek's substitute motion that the Senate do concur in House amendments to SB 210 be laid on the table.

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Thompson; Vitter; Whiting

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford- Burg; Olson; Reedy; Staggers; Symens; Valandra

Excused were:
Benson

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Kloucek's substitute motion was laid on the table.

The question now being on Sen. Aker's motion that the Senate do not concur in House amendments to SB 210 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President appointed as such committee Sens. Aker, Vitter, and Dennert.

     Sen. Albers moved that the Senate do concur in the House amendments to SB 214.

     The question being on Sen. Albers' motion that the Senate do concur in the House amendments to SB 214.

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Lange; Lawler; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Flowers; Hutmacher; Kloucek; Morford-Burg; Reedy

Excused were:
Benson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Halverson moved that the names of the committee members appointed to meet with a like committee on the part of the House to adjust the differences between the two Houses on HB 1158 be changed.

Which motion prevailed and the President appointed as such committee Sens. Daugaard, Frederick, and Flowers.

CONSIDERATION OF REPORTS OF COMMITTEES

     Sen. Rounds moved that the reports of the Standing Committees on

     State Affairs on HB 1238 as found on page 705 of the Senate Journal; also

     State Affairs on HB 1276 as found on page 705 of the Senate Journal; also

     Taxation on HB 1169 as found on page 704 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1115 : FOR AN ACT ENTITLED, An Act to secure South Dakota Retirement System benefits for members whose employers are privatized.

Was read the second time.

     The question being "Shall HB 1115 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Benson

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1106 : FOR AN ACT ENTITLED, An Act to exempt certain bonds from property tax levy limitations.

Was read the second time.

     The question being "Shall HB 1106 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Benson

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1135 : FOR AN ACT ENTITLED, An Act to revise the definition for single-family occupied dwelling.

Was read the second time.

     The question being "Shall HB 1135 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Benson

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1126 : FOR AN ACT ENTITLED, An Act to revise the definition of average daily membership in the state aid to education formula.

Having had its second reading was up for consideration and final passage.

Sen. Rounds moved that HB 1126 be deferred until Tuesday, March 4, the 36th legislative day.

Which motion prevailed and the bill was so deferred.

HJR 1009 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article IX of the Constitution of the State of South Dakota, relating to the organization of local government.

Having had its second reading was up for consideration and final passage.

Sen. Rounds moved that HJR 1009 be placed to follow HB 1279 on today's calendar.

Which motion prevailed and the bill was so placed.

HB 1022 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the one-call notification system.

Having had its second reading was up for consideration and final passage.

j-1022d

Sen. Olson moved that HB 1022 be amended as follows:

On page 1 , line 13 of the Senate Commerce committee engrossed bill , after " . " insert " Any operator who fails to become a member of the one-call notification center or who fails to submit the locations of the operator's underground facilities to the center, as required by this chapter and rules of the board, is subject to civil liability for any damages caused by noncompliance with this chapter. Any penalties which may be assessed by the board under this chapter shall be collected as provided by law and deposited into the one-call fund. "

On page 3 , delete lines 3 and 4 , and insert:

" The notice shall also describe the excavation area within each location. In each notice the excavator shall describe the area to be excavated from structures or roads on or near the property, or in lieu of such description, an excavator may indicate in the notice that the

excavator will flag or mark the site or boundaries of the excavation. If it is impractical to flag, mark, or describe " .

On page 4 , delete lines 8 to 10 , inclusive , and insert:

" is liable for any damages incurred. "

On page 4 , line 17 , after " . " insert " The board may assess a civil penalty of up to one thousand dollars against any excavator who knowingly violates this section. "

On page 8 , delete lines 3 to 15 , inclusive .

Sen. Rounds moved that HB 1022 with Sen. Olson's pending motion to amend be placed to follow HJR 1009 on today's calendar.

Which motion prevailed and the bill was so placed.

HB 1081 : FOR AN ACT ENTITLED, An Act to appropriate money for adult basic education programs.

Was read the second time.

     The question being "Shall HB 1081 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Benson

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

HB 1234 : FOR AN ACT ENTITLED, An Act to provide certain compensation to legislators for constituent services.

Was read the second time.

     The question being "Shall HB 1234 pass?"

     And the roll being called:

     Yeas 19, Nays 15, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Brown (Arnold); Dennert; Everist; Flowers; Halverson; Johnson (William); Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Albers; Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Frederick; Hainje; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Munson (David); Rounds; Staggers

Excused were:
Benson

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1253 : FOR AN ACT ENTITLED, An Act to establish a visitation enforcement program within the Unified Judicial System, to create a Task Force to provide for its implementation, and to make an appropriation of federal fund authority therefor.

Was read the second time.

     The question being "Shall HB 1253 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Albers; Halverson

Excused were:
Benson

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

HB 1077 : FOR AN ACT ENTITLED, An Act to allow for the purchase of certain items out of a school district's capital outlay fund.

Having had its second reading was up for reconsideration and final passage.

     The question being "Shall HB 1077 pass?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Drake; Frederick; Halverson; Johnson (William); Staggers

Excused were:
Benson

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1152 : FOR AN ACT ENTITLED, An Act to provide for character development instruction in the school curriculum.

Was read the second time.

j-1152a

Sen. Hutmacher moved that HB 1152 be amended as follows:

On page 1 of the House engrossed bill , delete line 6 .

On page 1 , line 7 , delete " four school terms, to do otherwise, character " and insert " Character " .

Sen. Aker moved that Sen. Hutmacher's motion to amend HB 1152 be laid on the table.

Which motion prevailed and Sen. Hutmacher's motion to amend HB 1152 was laid on the table.

t-1152

Sen. Thompson moved that HB 1152 be amended as follows:

On page 1 , line 7 of the House engrossed bill , after " all " insert " churches, veterans' clubs, fraternal organizations, 4-H clubs, families, and " .

On page 1 , line 11 , delete " and " .

On page 1 , line 11 , after " authority " insert " , humility, manners, temperance, courage, justice, patience, modesty, credibility, responsibility, thriftiness, conservation, work ethics, kindness to animals, respect for the environment, respect for property rights, respect for religions, and tolerance " .

Sen. Lawler moved that Sen. Thompson's motion to amend HB 1152 be laid on the table.

Which motion prevailed and Sen. Thompson's motion to amend HB 1152 was laid on the table.

c-1152a

Sen. Reedy moved that HB 1152 be amended as follows:

On page 1 , line 10 of the House engrossed bill , delete " abstinence " and insert " sex education " .

Sen. Halverson moved that Sen. Reedy's motion to amend HB 1152 be laid on the table.

Which motion prevailed and Sen. Reedy's motion to amend HB 1152 was laid on the table.

Sen. Thompson moved the previous question.

Which motion prevailed.

The question being "Shall HB 1152 pass?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0

Yeas were:
Aker; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Albers; Dunn (Jim); Hutmacher; Kleven; Paisley; Reedy

Excused were:
Benson

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1138 : FOR AN ACT ENTITLED, An Act to provide for a graduated driver's licensing system.

Was read the second time.

Sen. Aker moved that HB 1138 be deferred until Tuesday, March 4, the 36th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1224 : FOR AN ACT ENTITLED, An Act to revise the tax refund provisions for agricultural facilities and to declare an emergency.

Was read the second time.

t-1224a

Sen. Drake moved that HB 1224 be amended as follows:

On the Senate Agriculture and Natural Resources committee engrossed bill, delete all Senate amendments, thus restoring the bill to the form in which it passed the House.

Which motion prevailed and HB 1224 was so amended.

The question being "Shall HB 1224 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Aker

Excused were:
Benson

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

HB 1033 : FOR AN ACT ENTITLED, An Act to revise the process for computing the net income of certain financial institutions for bank franchise tax collection purposes.

Was read the second time.

     The question being "Shall HB 1033 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Staggers

Excused were:
Benson; Frederick

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1034 : FOR AN ACT ENTITLED, An Act to revise the definition of lodging establishment and campground for the purposes of the sales and use tax.

Was read the second time.

     The question being "Shall HB 1034 pass?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Drake; Kloucek; Morford-Burg; Staggers

Excused were:
Benson; Frederick

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1231 : FOR AN ACT ENTITLED, An Act to revise the property tax levies for general funds of a school district.

Was read the second time.

Sen. Aker moved that HB 1231 be deferred until Tuesday, March 4, the 36th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1279 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation and the taxation of trust companies.

Was read the second time.

The question being "Shall HB 1279 pass?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Thompson; Valandra; Vitter

Nays were:
Kloucek; Lange; Staggers

Excused were:
Benson; Frederick; Whiting

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

o-j1009a

Sen. Rounds moved that HJR 1009 be amended as follows:

On page 1 , line 7 of the House State Affairs committee engrossed resolution , delete " sections 2, 3, and 4 " and insert " section 2 " .

On page 1 , line 8 , delete " inclusive, "

On page 1 , line 8 , delete " section 5 " and insert " section 2 " .

On page 1 , delete lines 13 to 16 , inclusive , and insert:

" § 4. The voters of any unit of local government shall have the right to initiate proposals for cooperation within or between governmental units, either within or without the state, except as the Legislature shall provide otherwise by law. Such proposals may include combining, eliminating, and joint financing of offices, functions, and governmental units. Such proposals shall be adopted if approved at an election by a majority of the votes cast thereon in each affected unit. A number not less than ten percent of those voting in the last preceding gubernatorial election in an affected jurisdiction may by petition initiate the question of whether to adopt the proposal. The Legislature by law shall provide procedures to ensure the orderly implementation of this section.

Section 3. The effective date of § 4 of Article IX of the Constitution is January 1, 1999. "

On page 2 , delete lines 1 to 15 , inclusive .

Which motion prevailed and HJR 1009 was so amended.

Sen. Rounds moved that HJR 1009 be deferred until Tuesday, March 4, the 36th legislative day.

Which motion prevailed and the resolution was so deferred.

HB 1022 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the one-call notification system.

Having had its second reading was up for consideration and final passage.

The question being on Sen. Olson's pending motion to amend HB 1022 as found on page 736 of the Senate Journal.

j-1022f

Sen. Halverson moved that Sen. Olson's pending motion to amend HB 1022 be amended as follows:

In paragraph 2, line 2, after " roads " insert " or other known points of reference ".

Delete "On page 8, delete lines 3 to 15, inclusive."

Which motion prevailed and Sen. Olson's pending motion to amend HB 1022 was so amended.

The question now being on Sen. Olson's pending motion to amend HB 1022.

Which motion prevailed and the bill was so amended.

o-1022

Sen. Hutmacher moved that HB 1022 be amended as follows:

On page 3 , line 19 of the Senate Commerce committee engrossed bill , after " excavator " insert " and operator " .

Sen. Halverson moved that HB 1022 with Sen. Hutmacher's pending motion to amend be deferred until Tuesday, March 4, the 36th legislative day.

Which motion prevailed and the bill was so deferred.

There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Hunhoff moved that the Committee on Appropriations be instructed to deliver HB 1044 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF SELECT COMMITTEES

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 43 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 43 be amended as follows:

On page 2, line 8 of the House Judiciary committee engrossed bill, delete "and conditions".

Respectfully submitted,    Respectfully submitted,
JARVIS W. BROWN    FRED WHITING
RICHARD G. BELATTI    DENNIS DAUGAARD
DAVID GLEASON    REBECCA J. DUNN
House Committee    Senate Committee

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 156 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,    Respectfully submitted,
REXFORD A. HAGG    FRED WHITING
MICHAEL DERBY    ARNOLD M. BROWN

House Committee Senate Committee

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1046 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that HB 1046 be amended as follows:

j-1046e

On page 1 , line 4 of the Senate Commerce committee engrossed bill , overstrike " No " and insert " Except as provided in sections 2 and 3 of this Act, no " .

On page 1 , delete lines 7 to 15 , inclusive , and insert:

" ~~the director of the Division of Insurance~~ . "

On page 2 , delete line 1 .

On page 2 , line 2 , delete " in this state. " .

On page 2 , after line 2 , insert:

" Section 2. An insurer may use age in determining whether to issue or renew life, health, or annuity policies. An insurer may use occupation in determining whether to issue or renew a life or disability policy.

Section 3. Except as provided by § 58-15-45 and section 2 of this Act, § 58-11-55 applies to all types of insurance issued by all insurers under Title 58. However, nothing in § 58-11-55 may be construed as applying to or affecting the right of any fraternal benefit society subject to chapter 58-37A to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or an affiliated organization of the society.

Section 4. The director may promulgate rules for the purpose of preventing unfair discrimination pursuant to § 58-11-55. The rules may include definition of terms, identification of general practices or nonrenewal guidelines used by insurers which would violate or be in compliance with § 58-11-55, and application practices which violate § 58-11-55. In considering the adoption of any rule pursuant to this section, the director shall consider how the rule may serve to implement the purpose of preventing unfair discrimination as prohibited by § 58-11-55 and how the rule may impact the availability and price of insurance in this state. "

Respectfully submitted,    Respectfully submitted,
RICHARD E. "DICK" BROWN    BARBARA EVERIST
PATRICIA DE HUECK    HAROLD W. HALVERSON
DEB FISCHER-CLEMENS    MEL OLSON
House Committee    Senate Committee

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB1164.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1199, 1261, and 1262.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1245 and has appointed Reps. Richter, Hunt, and Sokolow as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
KAREN GERDES, Chief Clerk

The President appointed as such committee Sens. Jim Dunn, Munson, and Flowers.

SIGNING OF BILLS

     The President publicly read the title to

     SB 24: FOR AN ACT ENTITLED, An Act to clarify payment of state aid to education by defining which schools are included in computation of average daily membership.

     SB 62: FOR AN ACT ENTITLED, An Act to require a personal representative to include social security numbers of deceased medical assistance recipients in certain notices provided to the Department of Social Services.

     SB 106: FOR AN ACT ENTITLED, An Act to provide for protection orders in cases of stalking.

     SB 216: FOR AN ACT ENTITLED, An Act to revise certain insurance investment provisions.

     SB 269: FOR AN ACT ENTITLED, An Act to increase the penalties for certain hunting and fishing violations and to provide for an increase in the civil liquidated damages payable to the Department of Game, Fish and Parks under certain circumstances.

     HB 1005: FOR AN ACT ENTITLED, An Act to revise certain terms relating to centrally assessed property and the taxation of certain centrally assessed property.

     HB 1045: FOR AN ACT ENTITLED, An Act to make an appropriation for the Mickelson Scholars Program.

     HB 1082: FOR AN ACT ENTITLED, An Act to reduce the voting requirements of the board of adjustment and to increase the minimum number of members appointed to the planning and zoning commission.

     HB 1087: FOR AN ACT ENTITLED, An Act to revise certain statutes pertaining to abortions.

     HB 1145: FOR AN ACT ENTITLED, An Act to revise the list of projects included in a special appropriation to the State Fair.

     HB 1146: FOR AN ACT ENTITLED, An Act to make an appropriation for the support of the Northern Crops Institute.

     HB 1155: FOR AN ACT ENTITLED, An Act to revise the requirement that certain inactive employers establish new unemployment compensation experience-rating accounts.

     HB 1159: FOR AN ACT ENTITLED, An Act to authorize the towing of certain anhydrous ammonia fertilizer tanks in combination.

     HB 1165: FOR AN ACT ENTITLED, An Act to provide for the powers and authority of the Board of Economic Development to make loans and administer certain provisions regarding economic development.

     HB 1182: FOR AN ACT ENTITLED, An Act to revise the places where vending machines selling tobacco products may be located.

     HB 1185: FOR AN ACT ENTITLED, An Act to allow banks to purchase fractional shares of common stock for the purpose of canceling the fractional shares.

     HB 1192: FOR AN ACT ENTITLED, An Act to exempt certain communications and computer technologies and equipment from bidding requirements.

     HB 1205: FOR AN ACT ENTITLED, An Act to increase the expense allowance of legislators.

     HB 1207: FOR AN ACT ENTITLED, An Act to allow certain malt beverage manufacturers to serve wine for consumption on their premises.

     HB 1223: FOR AN ACT ENTITLED, An Act to provide for certain agency appeals to the Interim Rules Review Committee during the rules promulgation process.

     HB 1229: FOR AN ACT ENTITLED, An Act to make certain livestock operations subject to certain environmental fees.

     HB 1259: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding inmate assault against Department of Corrections or county jail employees and to declare an emergency.

     HB 1263: FOR AN ACT ENTITLED, An Act to make an appropriation for a donation for the Women In Military Service For America Memorial.

     HB 1265: FOR AN ACT ENTITLED, An Act to direct the Bureau of Personnel to analyze the financial feasibility of, and if found to be feasible, design a medical savings account program as an additional health coverage option for enrollees of the public employee group health insurance plan.

     HB 1269: FOR AN ACT ENTITLED, An Act to revise certain provisions of the uniform commercial code.

     HB 1278: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the crime victims' compensation program.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 12 Introduced by: Senators Kloucek, Daugaard, Hunhoff, Hutmacher, Olson, and Reedy and Representatives Putnam, Collier, Lucas, Moore, Munson (Donald), Sokolow, Van Gerpen, and Weber

A LEGISLATIVE COMMEMORATION, Honoring the 1996 Freeman Flyer High School football team and the students and staff involved in the football program.

WHEREAS, the 1996 Freeman Flyer High School football team won the South Dakota 9B High School Football Championship with a perfect 13 and 0 record by virtue of excellent academic achievement and perseverance on and off the athletic field; and

WHEREAS, the Flyer football team received superior wisdom and superb leadership guidance from coaches Jim Aisenbrey, Jim Kaufman, and Al West; and

WHEREAS, Jarvis Reidburn, Nathan Walter, Josh Hofer, Jeff Schultz, and Ryan Waltner were awarded Class 9B First-team All-State Awards for their exceptional performances and dedication during the 1996 campaign:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that the Freeman Flyer High School football team be recognized for their excellence in athletics and academics for the 1996-1997 school year.

SC 13 Introduced by: Senators Kloucek, Albers, Dennert, Hutmacher, and Symens and Representatives Moore, Apa, Crisp, Duxbury, and Putnam

A LEGISLATIVE COMMEMORATION, Recognizing the Menno Pioneer Power Show to be held September 20-21, 1997, one quarter mile north of Menno, South Dakota.

WHEREAS, the Menno Pioneer Power Show features an Avery wooden steam thresher, a gas engine-powered wood saw, an eight-bottom antique John Deere plow pulled by a steam engine, a 47,000 pound Worthington engine and antique tractors and gas engines of all kinds, Walz District Country school houses, plus many other historical buildings; and

WHEREAS, there is a toy show and arts and crafts at the Menno Auditorium, a flea market, Legion bingo, kiddie rides and antique car, tractor, and truck parade both days; and

WHEREAS, there will be live entertainment on Saturday and the Tyndall Accordion Club on Sunday:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that the Menno Pioneer Power Show Committee, the Menno Community Club, and the entire Menno community be congratulated on a job well done and that they be wished continued success in future power shows.

SC 14 Introduced by: Senators Kloucek, Daugaard, and Hutmacher and Representatives Putnam and Van Gerpen

A LEGISLATIVE COMMEMORATION, Recognizing and commending the 39th Annual Schmeckfest in Freeman, South Dakota.

WHEREAS, the 39th Annual Schmeckfest, hosted by the Freeman Academy Auxiliary, celebrates the rich cultural heritage that the German immigrants transported from their homeland to enrich their new home in South Dakota; and

WHEREAS, many cultural exhibits, including sausage-making, basket weaving, and arts and craft booths and antiques will be on display; and many delicious ethnic foods, including poppy seed, dried fruit, and cottage cheese delicacies will be served; and

WHEREAS, the Heritage Hall Museum Complex, including community artifacts and memorabilia and three historic buildings, will be open from 1:00 p.m. to 8:30 p.m. daily and the Freeman Academy Alumni will present a short program to entertain and share information with visitors each afternoon; and

WHEREAS, the Freeman Community Playhouse will present "Seven Brides for Seven Brothers" on March 13th, 14th, and 15th:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that the Legislature congratulates the people of Freeman, South

Dakota, for their outstanding traditional Schmeckfest Celebration and invites all South Dakotans to participate in the 39th Annual Schmeckfest on March 13, 14, and 15, 1997.

SC 15 Introduced by: Senators Ham, Aker, Benson, Dennert, Dunn (Jim), Everist, Flowers, Hunhoff, Johnson (William), Kleven, Morford-Burg, Olson, Reedy, Shoener, Thompson, Vitter, and Whiting and Representatives Jorgensen, Apa, Chicoine, DeMersseman, Derby, Diedrich, Duenwald, Duniphan, Fischer-Clemens, Fitzgerald, Gabriel, Hagen, Hagg, Haley, Hassard, Kooistra, Lucas, Madden, McNenny, Pederson (Gordon), Pummel, Schaunaman, Schrempp, Van Gerpen, and Wetz

A LEGISLATIVE COMMEMORATION, Recognizing and commending the fiftieth anniversary of sculptor Korczak Ziolkowski's arrival in the Black Hills to begin the Crazy Horse Memorial.

WHEREAS, Korczak arrived in the Black Hills on May 3, 1947, to undertake the Crazy Horse Memorial at the invitation of the Lakota chiefs who wanted people to know of their great heroes and Korczak wanted the Memorial to be a tribute to all North American Indians; and

WHEREAS, Korczak determined that the Crazy Horse Memorial would be a nonprofit, educational, and cultural undertaking and that the carving would be a three dimensional sculpture with a height of five hundred sixty-three feet and a length of six hundred forty-one feet making it the largest sculptural undertaking the world has ever known; and

WHEREAS, Ruth Ross arrived in the Black Hills on June 21, 1947, and in 1950 married Korczak and was the mother of their ten sons and daughters, Ruth and several sons and daughters have dedicated their lives to continuing the progress on the educational and cultural aspects of the Memorial, and as the face of Crazy Horse on the mountain carving is now nearing completion:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that the Legislature does hereby recognize and commend the great progress that has been accomplished and is continuing on the Crazy Horse Memorial on this fiftieth anniversary of arrival in the Black Hills of Korczak Ziolkowski, Storyteller in Stone.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Tuesday, March 4, the 36th legislative day.

Which motion prevailed.

Sen. Paisley moved that the Senate do now adjourn, which motion prevailed, and at 4:55 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary